Allowed

Anis @ Monu v. State of U.P.

Allahabad HC11 Sept 2019BAIL/14816/2019

Case brief

AI extract

What is this about?

Single Judge allowed bail to the accused in a case under Sections 21/22 NDPS Act. The court held that despite the false implication and fake recovery alleged by the applicant, the accused was entitled to release by furnishing a personal bond and sureties subject to standard conditions.

What did the court decide?

Accused released on bail by furnishing a personal bond and two reliable sureties.

Anis @ Monu Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14816 of 2019

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Applicant :- Anis @ Monu Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Savita Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Anil Kumar Savita, learned counsel for the applicant, learned A.G.A. for State and perused the material available record.

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This bail application has been filed by the accused-applicant Anis @ Monu, who is involved in Case Crime No. 231 of 2018, under Sections 21/22 NDPS Act, Police Station G.R.P. Kanpur Central, District Kanpur Nagar.

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Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that recovery shown from the possession of applicant is false and fake. Mandatory provisions of N.D.P.S. Act have not been strictly complied with. There is no public witness at the time of arrest and recovery. Applicant is languishing in jail since 14.04.2018. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Per contra, learned A.G.A. has opposed the bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that 150 gms Alprazolam power has been recovered from the possession of applicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for parties, detention in jail and without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let applicant Anis @ Monu be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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However, it is directed that trial Court shall make all endavour to decide the case preferably within six months without granting unnecessary adjournment to the parties.

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Order Date :- 11.9.2019 I.A.Siddiqui

Anis @ Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anis @ Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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